Barnette v. USA

Filing 83

ORDER granting 72 Motion to Seal Document ; granting 79 Motion to File Exhibits Conventionally and Under Seal. Signed by District Judge Richard Voorhees on 1/7/2015. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:12cv327-V
(3:97cr23)

AQUILIA MARCIVICCI BARNETTE,

)
)
Petitioner,
)
)
vs.
)
)
UNITED STATES OF AMERICA,
)
)
Respondent.
)
______________________________________)

ORDER

THIS MATTER is before the Court upon Petitioner Aquilia Barnette’s motion to file
certain exhibits under seal. ECF No. 72. Also before the Court is Petitioner’s motion to file
certain sealed documents conventionally. ECF No. 79.
On December 22, 2014, Petitioner filed a motion for evidentiary hearing, with exhibits.
ECF Nos. 73-74. The exhibits total 14,844 Bates Stamped pages. Index, ECF No. 74. Counsel
for Petitioner represent that they have redacted social-security numbers, taxpayer identification
numbers, birth dates, names of persons known to be minors, and home addresses from most of
the documents. Counsel contend that redaction of this information from the remainder of the
documents (medical records, military records, school records, prison records, and social history
reports) is extremely cumbersome, unduly difficult, and would render the documents unreadable.
Counsel seek permission to file the following exhibits, with accompanying Bates stamp
numbers, under seal:
- Post-Conviction Report by Zachary Rowles
- Materials from Cessie Alfonso
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(00232-00259)
(00422-00706)

- File of Jan Barefoot
- School Records of Derrick Barnette
- Military Records of Derrick Barnette
- School Records of Petitioner
- Medical Records of Petitioner
- Federal Bureau of Prisons Records of Petitioner
- FMC Butner Records of Petitioner
- School Records of Mario Barnette
- Medical Records of Mario Barnette
- School Records of Sonia Barnette
- Medical Records of Sonia Barnette
- CMPD Criminal Records
- Military Records of Jesse Cooper
- Dept. of VA Records of Jesse Cooper
- Medical Records of Jesse Cooper
- Report of Sindy Maxwell

(00722-01742)
(01819-01823)
(01824-01915)
(02101-02154)
(02155-02303)
(02350-03766)
(03767-03921)
(03935-03958)
(03959-04001)
(04074-04076)
(04077-04245)
(04918-04974)
(05156-05253)
(05254-05451)
(05452-13474)
(14417-14447)

Additionally, counsel seek to file Petitioner’s Federal Bureau of Prisons records and Jesse
Cooper’s military, Department of Veterans Affairs, and medical records conventionally due to
their size. Counsel would file these documents on a computer diskette.
For the reasons stated in the Motions, and pursuant to Rule 49.1 of the Federal Rules of
Criminal Procedure, Rule 5.2 of the Federal Rules of Civil Procedure, LCrR 55.1, and LCvR 6.1
the Court shall grant both Motions. Counsel will be directed to provide Respondent with a copy
of the diskette containing the conventionally filed documents
IT IS, THEREFORE, ORDERED that:
1. Petitioner’s Motion to Seal Certain Exhibits, ECF No. 72, is GRANTED.
2. Petitioner’s Motion to File Certain Exhibits Conventionally and Under Seal, ECF No.
79, is GRANTED.
3. The Clerk of Court shall file the above-referenced exhibits under seal and provide
access only to the Court and the parties.
4. Counsel for Petitioner shall provide a copy of the diskette containing the
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conventionally filed documents to Respondent within five days of the filing of this
Order.
SO ORDERED.

Signed: January 7, 2015

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